Page:United States Statutes at Large Volume 124.djvu/285

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

124 STAT. 259 PUBLIC LAW 111–148—MAR. 23, 2010 SEC. 1553. PROHIBITION AGAINST DISCRIMINATION ON ASSISTED SUI - CIDE. (a) IN GENERAL.—The Federal Government, and any State or local government or health care provider that receives Federal financial assistance under this Act (or under an amendment made by this Act) or any health plan created under this Act (or under an amendment made by this Act), may not subject an individual or institutional health care entity to discrimination on the basis that the entity does not provide any health care item or service furnished for the purpose of causing, or for the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing. (b) DEFINITION.—In this section, the term ‘‘health care entity’’ includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan. (c) CONSTRUCTION AND TREATMENT OF CERTAIN SERVICES.— Nothing in subsection (a) shall be construed to apply to, or to affect, any limitation relating to— (1) the withholding or withdrawing of medical treatment or medical care; (2) the withholding or withdrawing of nutrition or hydra- tion; (3) abortion; or (4) the use of an item, good, benefit, or service furnished for the purpose of alleviating pain or discomfort, even if such use may increase the risk of death, so long as such item, good, benefit, or service is not also furnished for the purpose of causing, or the purpose of assisting in causing, death, for any reason. (d) ADMINISTRATION.—The Office for Civil Rights of the Depart- ment of Health and Human Services is designated to receive com- plaints of discrimination based on this section. SEC. 1554. ACCESS TO THERAPIES. Notwithstanding any other provision of this Act, the Secretary of Health and Human Services shall not promulgate any regulation that— (1) creates any unreasonable barriers to the ability of individuals to obtain appropriate medical care; (2) impedes timely access to health care services; (3) interferes with communications regarding a full range of treatment options between the patient and the provider; (4) restricts the ability of health care providers to provide full disclosure of all relevant information to patients making health care decisions; (5) violates the principles of informed consent and the ethical standards of health care professionals; or (6) limits the availability of health care treatment for the full duration of a patient’s medical needs. 42 USC 18114. Abortion. 42 USC 18113.